Page:United States Statutes at Large Volume 104 Part 6.djvu/194

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104 STAT. 4584 PUBLIC LAW 101-635—NOV. 28, 1990 proposals and give priority to those alternatives that are the most cost effective for the Federal Government and that allow for the use of donated land, federally owned property, or lease-purchase arrangements. A contract under this subsection shall not be entered into unless such contract results in a net cost savings to the Federal Government over the duration of the contract, as compared to the Government purchase price including borrowing by the Secretary of the Treasury. Government "(c) DONATIONS. —In Carrying out this section, the Secretary shall property. have the power, in connection with real property, buildings, and facilities, to accept on behalf of the Food and Drug Administration gifts or donations of services or property, real or personal, as the Secretary determines to be necessary. "(d) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 1991, and such sums as may be necessary for each of the subsequent fiscal years, to remain available until expended.". TITLE II—RECOVERY AND RETENTION OF FEES FOR FOIA REQUESTS SEC. 201. RECOVERY AND RETENTION OF FEES FOR FOIA REQUESTS. Chapter VII (21 U.S.C. 371 et seq.) (as amended by section 101 of this Act) is further amended by adding at the end thereof the following new section: 21 USC 379c. "SEC. 711. RECOVERY AND RETENTION OF FEES FOR FREEDOM OF INFORMATION REQUESTS. "(a) IN GENERAL.— The Secretary, acting through the Commissioner of Food and Drugs, may— "(1) set and charge fees, in accordeuice with section 552(a)(4)(A) of title 5, United States Code, to recover all reasonable costs incurred in processing requests made under section 552 of title 5, United States Code, for records obtained or created under this Act or any other Federal law for which responsibility for administration has been delegated to the Commissioner by the Secretary; "(2) retain all fees charged for such requests; and "(3) establish an accounting system and procedures to control receipts and expenditures of fees received under this section. "(b) USE OF FEES. —The Secretary and the Commissioner of Food and Drugs shall not use fees received under this section for any purpose other than funding the processing of requests described in subsection (a)(D. Such fees shall not be used to reduce the amount of funds made to carry out other provisions of this Act. "(c) WAIVER OF FEES. — Nothing in this section shall supersede the right of a requester to obtain a waiver of fees pursuant to section 552(a)(4)(A) of title 5, United States Code.". TITLE III—SCIENTIFIC REVIEW GROUPS SEC. 301. SCIENTIFIC REVIEW GROUPS. Chapter IX (21 U.S.C. 391 et seq.) is amended by adding at the end thereof the following new section: